Political Code

354. Trustees of state normal school.

SEC. 354. The governor, superintendent of public instruction, and five trustees appointed by the governor, and holding their offices for the term of ten years, constitute the board of trustees of the state normal school.

State normal school: See post, secs. 1487 et seq.

355. State board of education.

SEC. 355. The appointment and terms of office of the members of the state board of education are provided for in Chapter III., Title III., of Part III. of this code.

See post, sec. 1517.

356. Officers of libraries.

SEC. 356. The trustees of the state library, the state librarian, the deputy state librarian, and librarian of the supreme court, are elected and appointed and hold their offices as prescribed in Chapter III., Title V., of Part III. of this code. See post, sec. 2292.

357. Yosemite and big tree commissioners.

SEC. 357. The commissioners of the Yosemite valley and Mariposa big tree grove are appointed and hold their offices as prescribed in Title VIII. of Part III. of this code.

See post, sec. 3584.

358. Superintendent, etc., of the insane asylum.

SEC. 358. The medical superintendent, assistant physicians, and treasurer of the insane asylum are elected, appointed, and hold their offices as prescribed in Chapter I., Title V., of Part III. of this code.

See post, sec. 2150.

359. Directors of state board of agriculture.

SEC. 359. The president and directors of the state board of agriculture are elected and hold their offices as prescribed in the special statute creating the board.

See post, sec. 2326. See previous statutory 1858, 80; 1859, 20; 1861, 228, 272, 501; 1863. regulation of this matter in Stats. 1854, 56; 49; 1863, 259.

360. San Francisco board of health.

SEC. 360. The members of the board of health of San Francisco are appointed and hold their offices as prescribed in Title VII., Part III., of this code. See post, sec. 3005.

361. Sacramento board of health.

SEC. 361. The members of the board of health of Sacramento are appointed and hold their offices as prescribed in Title VII. of Part III. of this code. See post, sec. 3042.

362. Harbor commissioners.

SEC. 362. Harbor commissioners are elected and appointed and hold their offices as prescribed in Title VI. of Part III. of this code.

See post, sec. 2521.

363. San Francisco marine board.

Section 363 was repealed by act of January 13, 1876; Amendments 1875-6, 14; took effect immediately.

364. Board of examiners.

SEC. 364. The governor, secretary of state, and attorney-general constitute the board of examiners.

See post, secs. 654 et seq.

365. State board of tide-land commissioners.

Section 365 was repealed by the following act of February 4, 1876:

An Act to abolish the state board of tide-land commissioners, and to repeal sections three hundred and sixty-five and six hundred and ninety-eight of the Political Code.

[Approved February 4, 1876; Amendments 1875-6, 15.]

SECTION 1. The state board of tide-land commissioners is hereby abolished.

SEC. 2. All books, maps, papers, and documents belonging to the archives of said board, and all other property of the state under its custody or control, must be deposited with and kept and preserved by the surveyor-general of the state.

SEC. 3. Sections 365 and 698 of the Political Code are hereby repealed.

SEC. 4. An act entitled "An act supplementary to and amendatory of 'An act supplementary to and amendatory of an act entitled An act to survey and dispose of certain salt-marsh and tide-lands belonging to the state of California,"" approved March 30, 1868, also an act approved April 1, 1870, approved March 30, 1874, is hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.

366. State capitol commissioners.

SEC. 366. The governor, secretary of state, and treasurer constitute the board of state capitol commissioners.

See post, sec. 697.

367. State prison directors.

SEC. 367. The governor, lieutenant-governor, and secretary of state constitute the board of state prison directors; and the lieutenant-governor is warden of the state prison.

368. Inspector of gas meters, etc.

SEC. 368. The following executive officers are appointed by the governor, with the consent of the senate:

1. The inspector of gas meters; the trustees of the state burying-grounds. 2. The directors of the insane asylum; the trustees of the asylum for the deaf, dumb, and blind; the port-wardens; the insurance commissioner; the members of the state board of health; a vaccine agent.

3. The commissioner of immigration; the pilot commissioners; the pilots for each harbor where there is not a board of pilot commissioners; the fish commissioners; the state geologist; the tide-land commissioners.

Inspector of gas meters: See post, sec. 577.

Consent of senate is necessary hereunder: People v. Bissell, 49 Cal. 411.

369. Term of office of officers mentioned in preceding section.

SEC. 369. The officers enumerated in the first subdivision of the last section hold their offices for the term of two years, those in the second subdivision for the term of four years, and those in the third subdivision during the governor's pleasure.

370. Private secretary and clerk of governor.

SEC. 370. The private secretary and executive clerk of the governor are appointed by him, and hold their offices at his pleasure.

371. Deputies and clerks.

SEC. 371. All deputies and clerks named in this article, whose appointments and terms of office are not otherwise provided for, are appointed by and hold office at the pleasure of their principals.

ARTICLE III.

OF THE GOVERNOR.

380. Powers and duties of governor.

SEC. 380. In addition to those prescribed by the constitution, the governor has the power and must perform the duties prescribed in this and the following

sections:

1. He is to supervise the official conduct of all executive and ministerial officers;

2. He is to see that all offices are filled and the duties thereof performed, or in default thereof apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session;

3. He is to make the appointments and supply the vacancies mentioned in this code;

4. He is the sole official organ of communication between the government of this state and the government of any other state or of the United States;

5. Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney-general to appear on behalf of the state, and may employ such additional counsel as he may judge expedient;

6. He may require the attorney-general or district attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state;

7. He may require the attorney-general to aid any district attorney in the discharge of his duties;

8. He may offer rewards not exceeding one thousand dollars each, payable out of the general fund, for the apprehension of any convict who has escaped from the state prison, or of any person who has committed or is charged with the commission of an offense punishable with death;

9. He must perform such duties respecting fugitives from justice as are prescribed by Chapter IV. of Title XII. of the Penal Code;

10. He must issue and transmit election proclamations, as prescribed in Title II. of Part III. of this code;

11. He must issue land warrants and patents, as prescribed in 'Title VIII. of Part III. of this code;

12. He must, on or before the first day of September, in the year eighteen hundred and seventy-three, and in each second year thereafter, deliver to the state printer for publication all biennial reports of officers and boards for the two preceding years;

13. He may require any officer or board to make special reports to him, upon demand, in writing;

14. He may issue arms and accouterments for the use of colleges;

15. He must discharge the duties of member of the board of examiners, of member of the state board of education, of state prison director, of state capitol commissioner, of orphan asylum commissioner, of trustee of state normal school, and of the board of military auditors;

16. He has such other powers, and must perform such other duties, as are devolved upon him by this code or any other law of this state.

Subd. 8. Rewards.—Subdivision 8 is founded upon the act concerning rewards: Stats. 1851, 443. See an act appropriating one thousand one hundred dollars to provide for deficiency in appropriation for payment of rewards offered: Stats. 1881, 49.

The executive department.-The supreme executive power in a state is vested in its governor: Const. Cal., art. 5, sec. 1. In him rests the important duty of seeing that the laws are faithfully executed: Id., sec. 7. These two sections of the California constitution simply

declare what is known to be the theory of the American state and national constitutions with respect to the executive. His other various powers and duties are defined in the above article of the California constitution, and in the section to which this note is appended. Other powers or duties the executive cannot exercise or assume except by legislative authority: Cooley Const. Lim., sec. 115; and such powers as the constitution confers upon him cannot be taken away by the legislature, nor his constitutional duties be imposed by

The power of removal, the correlative of the power of appointment, is coincident only with that power, and extends to such officers only as the governor might fill by appointment in case of a vacancy therein: Peyton v. Cabaniss, 44 Miss. 818. Where the ground of reinoval is negligence in office, the governor is the sole judge of the sufficiency of such negligence: Attorney General v. Doherty, 25 La. Ann. 119; Wilcox v. People, 90 Ill. 186. And again, in People v. Mizner, Id. 519, 525: "When the duration of a term of an office is fixed by the constitution or the statute, the power of removal does not exist in the executive. So also People v. Jewett, 6 Id. 291. Says an early California case: "The only way in which the power of removal can be limited is by first fixing the duration or term of office, and then providing the mode, if deemed necessary, by which the officer may be removed during the term: People v. Hill, 7 Cal. 97. But where there is no method of procedure in regard to the removal prescribed, the Illinois supreme court concluded that the executive should be guided by the best lights he could get: Wilcox v. People, 90 Ill. 186. Should it happen that the executive should appoint to an office already filled, and the appointee be confirmed and commissioned, such appointment operates as a removal of the incumbent, and the election of his successor: Keenan v. Perry, 24 Tex. 253, Blake v. United States, 103 U. S. 227. The latter citation presents the case of a chaplain in the United States army whose successor was appointed by the president and confirmed by the senate, Blake still holding the chaplaincy. As a fact, he had resigned, but while he was insane by reason of illness. This question did not affect the decision of the court, they proceeding on the broad principle as above stated, saying that they would not consider whether the senate knew that Blake still held the position or not. But in State v. Beard, 13 Rep. 173 (La.), and in Moser v. Long, 64 Ind. 189, appointments to an office already filled were pronounced nullities, and did not remove the incumbent.

that body upon others: Id. But in the absence of any provision for the appointment or election of a specified officer, it is competent for the legislature, under constitutional authority, to provide the method of election or appointment: Const. Cal., art. 20, sec. 4. Appointing power: See ante, sec. 368. Subdivision 3 of section 380 must be read in connection with article 5, section 8, of the constitution of California: "When any office shall from any cause become vacant, and no mode is provided by the constitution and law for filling such vacancy, the governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the legislature, or at the next election by the people;" and with the provisions of the law relative to the office in question. The governor can only fill vacancies: Wetherbee v. Cazeneau, 20 Cal. 503; Nichols v. McKee, 68 N. C. 429; People v. Whitman, 10 Cal. 38; People v. Tilton, 37 Id. 614; and such vacancies as are not otherwise provided for: People v. Molyneux, 40 N. Y. Î13. There is no vacancy where there is an incumbent holding over, awaiting the election or qualification of his successor: People v. Whitman, 10 Cal. 38; People v. Parker, 37 Id. 639; People v. Bis sell, 49 Id. 407; Baule v. McIver, 68 N. C. 467; nor when there is a person in the possession of the office who is expressly authorized by the statute or constitution to discharge its duties temporarily, till the power upon whom the duty of election or appointment is devolved can regularly act: People v. Tilton, 37 Cal. 614; nor where the statute creating an office provides that the incumbent of another office shall discharge the duties, though the latter cannot hold the new office under the constitution: People v. Sanderson, 30 Id. 160. As to the meaning of vacancy in office, consult section 996, post. A vacancy which the governor is entitled to fill by appointment, without the consent of the senate, arises only where by death or resignation or some other event the duties of the office are no longer discharged at all: People v. Bissell, 49 Id. 407. The exercise of this power is subject to the scrutiny of the courts: State v. Seay, 64

Mo. 89.

Pardoning power: See Const. Cal., art. 7, sec. 1.

Power over attorney-general: See sec. 470, post, and note.

Extraditing fugitives: See secs. 1547 et

Election proclamations: See post, secs. 1011, 1053, et seq.

In commenting upon subdivision 3 of the original section, which still remains unaltered, the code commissioners remark: "This has in seq., Pen. Code. view vacancies in office when the governor and legislature have the power of appointment, or when they are elective by the people, and provides accordingly; but such power of the governor is limited by the period

senate or

on the arrival of which his power ceases, and

the

appointing power."

Issuing land warrants: See post, secs. 3395 et seq.

Governors' portaits.-Act passed March

15, 1983, authorizing state board of examiners

to contract for the painting certain governors' portraits: See note to sec. 685.

381. To transmit list of appointments to legislature.

SEO. 381. Within ten days after the meeting of the legislature, the governor must transmit to it a list of all appointments made by him under the provisions of section one thousand.

Appointments during recess of legislature are provided for by section 1000.

382. Records in office.

SEC. 382. The governor must cause to be kept the following records:

1. A register of all applications for pardon or for commutation of any sen

tence, with a list of the official signatures and recommendations in favor of each application;

2. A register of statements in capital cases made to him, with his action thereon;

3. An account of all his official expenses and disbursements, including the incidental expenses of his department, and of all rewards offered by him for the apprehension of criminals and persons charged with crime;

4. A register of all appointments made by him, with date of commission, names of appointee and predecessor;

5. A record of all persons confined in the state prison, showing the name of the convict, his age and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires.

383. Persons acting as governor.

SEC. 383. Every provision in the laws of this state in relation to the powers and duties of the governor, and in relation to acts and duties to be performed by others toward him, extends to the persons performing for the time being the duties of governor.

Lieutenant-governor acting as governor: Const. Cal., art. 5, sec. 17.

384. Salary of governor.

SEC. 384. The annual salary of the governor, to include all services rendered ex officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is six thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 84 (Ban. ed. 407); took effect from and after July 1, 1880.]

From "to include" is new, as well as a reduction of the salary from seven thousand dollars. 385. Salary of private secretary.

SEO. 385. The annual salary of the private secretary of the governor, and ex officio as clerk of the board of examiners, is three thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 84 (Ban. ed. 407); took effect from and after July 1, 1880.]

This salary increased from two thousand four hundred dollars, and the "ex officio" duties imposed.

386. Salary of executive secretary.

SEC. 386. The annual salary of the executive secretary of the governor is two thousand dollars. [Amendment, approved April 23, 1880; Amendments 1880, 84 (Ban ed. 407); took effect from and after July 1, 1880.]

Salary reduced from two thousand four hundred dollars year.

The following statutes served as a basis for the foregoing article: 1868, 508; 1858, 22; 1861, 183; 1860, 93; 1870, 516; 1853, 44; 1857, 149; 1852, 138; 1870, 688; 1863, 150; 1870, 331; 1863, 647; 1870, 714; 1868, 336; 1850, 46; 1870,

344; 1870, 339; 1870, 716; 1870, 663; 1868, 522; 1868, 606; 1870, 451; 1862, 448; 1870, 359. "The executive powers of the governor, with regard to the state, correspond with those of the president in his relation to the federal gov ernment:" Commissioners' notes.

ARTICLE IV.

LIEUTENANT-GOVERNOR.

396. Duties of lieutenant-governor.

SEC. 396. The duties of the lieutenant-governor are prescribed by the constitution. [Amendment, approved April 23, 1880; Amendments 1880, 86 (Ban. ed. 410); took effect from and after July 1, 1880.]

See Const. Cal., art. 5, secs. 15, 16. Liability to impeachment: Id., art. 4, sec. 18. Governor pro tempore: See ante, sec. 383, this code.

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